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Registration Agreement
1. IN THIS REGISTRATION AGREEMENT ("Agreement"), “Registrant”, "you"
and "your" refers to the Registrant of each domain name registration, "we",
“us" and "our" refers to Tucows.com Co., and “Services” refers to the domain
name registration services provided by us as offered through
WebRay.com Inc., the Registration Service Provider (“Reseller”). Any
reference to a “registry,” “Registry” or “Registry Operator” shall refer to
the registry administrator of the applicable TLD or ccTLD. This Agreement
explains our obligations to you, and explains your obligations to us for the
Services. By agreeing to the terms and conditions set forth in this
Agreement, you are also agreeing to be bound by the rules and regulations
set forth by a registry for that particular registry only.
2. SELECTION OF A DOMAIN NAME. You acknowledge and agree that we
cannot guarantee that you will obtain a desired domain name registration,
even if an inquiry indicates that a domain name is available at the time of
your application for same. You represent that, to the best of the your
knowledge and belief, neither the registration of the domain name nor the
manner in which it is directly or indirectly to be used, infringes upon the
legal rights of a third party and further, that the domain name is not being
registered for nor shall it at any time whatsoever be used for any unlawful
purpose. During the period following registration of a domain name and the
appointment of active name servers, we may post a stagnant web page and any
revenues generated from same shall be for our own account.
3. FEES. As consideration for the Services, you agree to pay Reseller
the applicable service(s) fees prior to the effectiveness of a desired
domain name registration or any renewal thereof. All fees payable hereunder
are non-refundable even if your domain name registration is suspended,
cancelled or transferred prior to the end of your current registration term.
As further consideration for the Services, you agree to: (1) provide certain
current, complete and accurate information about you as required by the
registration process, and (2) maintain and update this information as needed
to keep it current, complete and accurate. All such information shall be
referred to as account information ("Account Information"). You represent
that the Account Information and all other statements put forth in your
application are true, complete and accurate. Both Tucows and each registry
reserves the right to terminate your domain name registration if: (i)
information provided by you or your agent is false, inaccurate, incomplete,
unreliable, misleading or otherwise secretive; or (ii) you have failed to
maintain, update and keep your Account Information true, current, complete,
accurate and reliable. You acknowledge that a breach of this Section 3 will
constitute a material breach of our Agreement, which will entitle either us
or a registry to terminate this Agreement immediately upon such breach
without any refund and without notice to you.
4. TERM. This Agreement will remain in effect during the term of your
domain name registration as selected, recorded and paid for at the time of
registration or any renewal thereof. Should the domain name be transferred
to another registrar, the terms and conditions of this Agreement shall cease.
5. MODIFICATIONS TO AGREEMENT. You acknowledge that the practice of
registering and administering domain names is constantly evolving; therefore,
you agree that Tucows may modify this Agreement, or any other related and/or
applicable agreement, as is necessary to comply with its agreements with
ICANN, a registry or any other entity or individual, as well as to adjust to
changing circumstances. All amendments to this Agreement will be posted on
our website. Your continued use of the domain name registered to you will
constitute your acceptance of this Agreement with any revisions. If you do
not agree to any change, you may request that your domain name registration
be cancelled or transferred to a different accredited registrar. You agree
that such cancellation or request for transfer will be your exclusive remedy
if you do not wish to abide by any change to this Agreement, or any other
related and/or applicable agreement.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your
account information with us, you must use the Account Identifier and
Password that you selected when you opened your account with us. You agree
to safeguard your Account Identifier and Password from any unauthorized use.
In no event shall we be liable for the unauthorized use or misuse of your
Account Identifier or Password.
7. NO GUARANTY. You acknowledge that registration or reservation of
your chosen domain name does not confer immunity from objection to the
registration, reservation or use of the domain name.
8. DOMAIN NAME DISPUTES. You agree that, if the registration or
reservation of your domain name is challenged by a third party, you will be
subject to the provisions specified in the dispute policy adopted by the
applicable registry. You agree that in the event a domain name dispute
arises with any third party, you will indemnify and hold us harmless
pursuant to the terms and conditions contained in the applicable policy. If
Tucows is notified that a complaint has been filed with a judicial or
administrative body regarding your domain name, Tucows may, at its sole
discretion, suspend your ability to use your domain name or to make
modifications to your registration records until (i) Tucows is directed to
do so by the judicial or administrative body, or (ii) Tucows receives
notification by you and the other party contesting your domain that the
dispute has been settled. Furthermore, you agree that if you are subject to
litigation regarding your registration or use of your domain name, Tucows
may deposit control of your registration record into the registry of the
judicial body by supplying a party with a registrar certificate from us.
9. POLICY. You agree that your registration of the domain name shall
be subject to suspension, cancellation, or transfer pursuant to a Tucows,
registry, ICANN or government-adopted policy, or pursuant to any registrar
or registry procedure not inconsistent with a Tucows, registry, ICANN or
government-adopted policy, (1) to correct mistakes by us or a registry in
registering the name or (2) for the resolution of disputes concerning the
domain name.
10. AGENCY. Should you intend to license use of a domain name to a
third party you shall nonetheless be the domain name holder of record and
are therefore responsible for providing your own full contact information
and for providing and updating accurate technical and administrative contact
information adequate to facilitate timely resolution of any problems that
arise in connection with the domain name. You shall accept liability for
harm caused by wrongful use of the domain name. You represent that you will
secure the agreement of any third party to the terms and conditions in this
Agreement
11. ANNOUNCEMENTS. We reserve the right to distribute information to
you that is pertinent to the quality or operation of our services and those
of our service partners. These announcements will be predominately
informative in nature and may include notices describing changes, upgrades,
new products or other information to add security or to enhance your
identity on the Internet.
12. LIMITATION OF LIABILITY. You agree that our entire liability, and
your exclusive remedy, with respect to any Services(s) provided under this
Agreement and any breach of this Agreement is solely limited to the amount
you paid for the initial registration of your domain name. Tucows and its
directors, employees, affiliates, subsidiaries, agents and third party
providers, ICANN and the applicable registries shall not be liable for any
direct, indirect, incidental, special or consequential damages resulting
from the use or inability to use any of the Services or for the cost of
procurement of substitute services. Because some states do not allow the
exclusion or limitation of liability for consequential or incidental
damages, in such states, our liability is limited to the extent permitted by
law. We disclaim any and all loss or liability resulting from, but not
limited to: (1) loss or liability resulting from access delays or access
interruptions; (2) loss or liability resulting from data non-delivery or
data mis-delivery; (3) loss or liability resulting from acts of God; (4)
loss or liability resulting from the unauthorized use or misuse of your
account identifier or password; (5) loss or liability resulting from errors,
omissions, or misstatements in any and all information or services(s)
provided under this Agreement; (6) loss or liability resulting from the
interruption of your Service. You agree that we will not be liable for any
loss of registration and use of your domain name, or for interruption of
business, or any indirect, special, incidental, or consequential damages of
any kind (including lost profits) regardless of the form of action whether
in contract, tort (including negligence), or otherwise, even if we have been
advised of the possibility of such damages.
13. INDEMNITY. You agree to release, indemnify, and hold Tucows, its
contractors, agents, employees, officers, directors and affiliates, ICANN,
the applicable registries and their respective directors, officers,
employees, agents and affiliates harmless from all liabilities, claims and
expenses, including attorney's fees, of third parties arising out of or
relating to the registration or use of the domain name registered in your
name, whether used by yourself, licensed to a third party or pursuant to the
Whois Privacy Service, including without limitation infringement by you or a
third party with access to your Account Identifier and Password. You also
agree to release, indemnify and hold us harmless pursuant to the terms and
conditions contained in the applicable Dispute Policy. When we are
threatened with suit by a third party, we may seek written assurances from
you concerning your promise to indemnify us; your failure to provide those
assurances may be considered by us to be a breach of your Agreement and may
result in the suspension or cancellation of your domain name. This
indemnification obligation will survive the termination or expiration of
this Agreement.
14. TRANSFER OF OWNERSHIP. The person named as Registrant on the
Whois shall be the registered name holder. The person named as
Administrative contact at the time the controlling Account Identifier and
Password are secured, shall be deemed the designate of the Registrant with
the authority to manage the domain name. You agree that prior to
transferring ownership of your domain name to another person (the “Transferee")
you shall require the Transferee to agree, in writing to be bound by all the
terms and conditions of this Agreement. If the Transferee fails to be bound
in a reasonable fashion (as determine by us in our sole discretion) to the
terms and conditions in this Agreement, any such transfer will be null and
void.
15. RENEWALS AND FORFEITURE. Domain names are registered for a finite
period of time. You will receive reminders immediately prior to the
expiration of your registration inviting you to renew your domain name. In
the event that you fail to renew your domain name in a timely fashion, your
registration will expire and we may, at our discretion, elect to assume the
registration and may hold it for our own account, delete it or we may sell
it to a third party. You acknowledge and agree that your right and interest
in a domain name ceases upon its expiration and that any expired domain name
may be made available for registration by a third party.
If you fail to renew your registration, your domain name may cease to
resolve and visitors to your site may be redirected to a default page
informing them that the site is no longer in service. This parked or default
page may feature advertisements posted by us for our own account.
If we have elected to renew the registration, you will be entitled to a
grace period during which you may re-register the domain name from us.
Additional costs may apply. During this grace period, we may post a parked
page and/or may revise the “Whois” registration records to include either
our information or that of your Reseller. The domain name may also be listed
for auction. If the name is sold during any such auction, it will be
acquired by a third party on a provisional basis and will remain available
for re-registration by you during our stated grace period. If you do not re-register
the domain name during the grace period, the auction sale will be concluded
and you will receive a share of the proceeds received from the new
registrant. Tucows will send an email to the last address you have provided
advising you of the sale and your interest in same. At present, we agree to
pay you forty (40) per cent of the net proceeds of any such auction. You
will have one (1) year following the issue of the email to claim your share
of the proceeds. Any amounts not claimed within one (1) year will be deemed
to have been abandoned by you and will be deposited by us for our own
account.
If you fail to renew your domain name registration during the grace period,
you acknowledge that you have abandoned the domain name and that it is
available for sale and registration by any third party.
16. BREACH. You agree that failure to abide by any provision of this
Agreement, any operating rule or policy or the Dispute Policy provided by
us, may be considered by us to be a material breach and that we may provide
a written notice, describing the breach, to you. If within thirty (30)
calendar days of the date of such notice, you fail to provide evidence,
which is reasonably satisfactory to us, that you have not breached your
obligations under the Agreement, then we may delete the registration or
reservation of your domain name. Any such breach by you shall not be deemed
to be excused simply because we did not act earlier in response to that, or
any other breach by you.
17. DISCLAIMER OF WARRANTIES. You agree that your use of our Services
is solely at your own risk. You agree that such Service(s) is provided on an
"as is," "as available" basis. We expressly disclaim all warranties of any
kind, whether express or implied, including but not limited to the implied
warranties of merchantability, fitness for a particular purpose and
non-infringement. We make no warranty that the Services will meet your
requirements, or that the Service(s) will be uninterrupted, timely, secure,
or error free; nor do we make any warranty as to the results that may be
obtained from the use of the Service(s) or as to the accuracy or reliability
of any information obtained through the Service or that defects in the
Service will be corrected. You understand and agree that any material and/or
data downloaded or otherwise obtained through the use of Service is done at
your own discretion and risk and that you will be solely responsible for any
damage to your computer system or loss of data that results from the
download of such material and/or data. We make no warranty regarding any
goods or services purchased or obtained through the Service or any
transactions entered into through the Service. No advice or information,
whether oral or written, obtained by you from us or through the Service
shall create any warranty not expressly made herein.
18. INFORMATION. As part of the registration process, you are
required to provide us certain information and to update us promptly as such
information changes such that our records are current, complete and accurate.
You are obliged to provide us the following information:
| (a) |
your name and postal address (or, if
different, that of the domain name holder); |
| (b) |
the domain name being registered; |
| (c) |
the name, postal address, e-mail address, and voice
and fax (if available) telephone numbers of the administrative contact
for the domain name; |
| (d) |
the name, postal address, e-mail address, and voice
and fax (if available) telephone numbers of the billing contact for the
domain name; and |
| (e) |
the name, postal address, e-mail address, and voice
and fax (if available) telephone numbers of the technical contact for
the domain name. |
Any voluntary information we request is collected in order that we can
continue to improve the products and services offered to you through your
Reseller.
19. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and
acknowledge that we will make domain name registration information you
provide available to ICANN, to the registry administrators, law enforcement
agencies and to other third parties as applicable. You further agree and
acknowledge that we may make publicly available, or directly available to
third party vendors, some or all, of the domain name registration
information you provide, for purposes of inspection (such as through our
Whois service) or other purposes as required or permitted by ICANN and
applicable laws.
| (a) |
You hereby consent to any and all such
disclosures and use of, and guidelines, limits and restrictions on
disclosure or use of, information provided by you in connection with the
registration of a domain name (including any updates to such
information), whether during or after the term of your registration of
the domain name. You hereby irrevocably waive any and all claims and
causes of action you may have arising from such disclosure or use of
your domain name registration information by us. |
| (b) |
You may access your domain name registration
information in our possession to review, modify or update such
information, by accessing our domain manager service, or similar
service, made available by us through your Reseller. |
| (c) |
We will not process or maintain data about any
identified or identifiable natural person that we obtain from you in a
way incompatible with the purposes and other limitations which we
describe in this Agreement. |
| (d) |
We will take reasonable precautions to protect the
information we obtain from you from our loss, misuse, unauthorized
disclosure, alteration or destruction of that information. |
20. OBLIGATION TO MAINTAIN WHOIS. Your wilful provision of inaccurate
or unreliable information, your wilful failure promptly to update
information provided to us, or any failure to respond to inquiries by us
addressed to the email address of the registrant, the administrative,
billing or technical contact appearing in the Whois directory with respect
to a domain name concerning the accuracy of contact details associated with
the registration shall constitute a material breach of this Agreement and be
a basis for cancellation of the domain name registration. Any information
collected by us concerning an identified or identifiable natural person (“Personal
Data”) will be used in connection with the registration of your domain name(s)
and for the purposes of this Agreement and as required or permitted by ICANN
or an applicable registry policy.
21. REVOCATION. We, in our sole discretion, reserve the right to deny,
cancel, suspend, transfer or modify any domain name registration to correct
a mistake, protect the integrity and stability of the company and any
applicable registry, to comply with any applicable laws, government rules,
or requirements, requests of law enforcement, in compliance with any dispute
resolution process, or to avoid any liability, civil or criminal. You agree
that we shall not be liable to you for loss or damages that may result from
our refusal to register or cancel, suspend, transfer or modify your domain
name registration.
22. INCONSISTENCIES WITH REGISTRY POLICIES. In the event that this
Agreement may be inconsistent with any term, condition, policy or procedure
of an applicable registry, the term, condition, policy or procedure of the
applicable registry shall prevail.
23. NON-WAIVER. Our failure to require performance by you of any
provision hereof shall not affect the full right to require such performance
at any time thereafter; nor shall the waiver by us of a breach of any
provision hereof be taken or held to be a waiver of the provision itself.
24. NOTICES. Any notice, direction or other communication given under
this Agreement shall be in writing and given by sending it via e-mail or via
regular mail. In the case of e-mail, valid notice shall only have been
deemed to be given when an electronic confirmation of delivery has been
obtained by the sender. E-mail notification to Tucows must be sent to lhutz@tucows.com.
Any notice to you will be sent to the e-mail address provided by you in your
Whois record. Any e-mail communication shall be deemed to have been validly
and effectively given on the date of such communication, if such date is a
business day and such delivery was made prior to 4:00 p.m. EST, otherwise it
will be deemed to have been delivered on the next business day. In the case
of regular mail notice, valid notice shall be deemed to have been validly
and effectively given five (5) business days after the date of mailing
Postal notices to Tucows shall be sent to:
Tucows.com Co.
Registrant Affairs Office
96 Mowat Avenue
Toronto, Ontario M6K 3M1
CANADA
Attention: Legal Affairs
and in the case of notification to you shall be sent to the address
specified in the “Administrative Contact” in your Whois record.
25. ENTIRETY. You agree that this Agreement, the applicable dispute
policy and the rules and policies published by Tucows and any applicable
registry or other governing authority, are the complete and exclusive
agreement between you and us regarding our Services.
26. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND
INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF ONTARIO
AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES
GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE
BROUGHT IN ONTARIO AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH
COURTS.
27. INFANCY. You attest that you are of legal age to enter into this
Agreement.
28. FORCE MAJEURE. You acknowledge and agree that neither we nor the
applicable registry shall be responsible for any failures or delays in
performing our respective obligations hereunder arising from any cause
beyond our reasonable control, including but not limited to, acts of God,
acts of civil or military authority, fires, wars, riots, earthquakes, storms,
typhoons and floods.
29. PRIVACY. Information collected about you is subject to the terms
of Tucows’ privacy policy, the terms of which are hereby incorporated by
reference. Tucows’ privacy policy can be found at:
http://www.tucows.com/privacy.html
30. CONTROLLING LANGUAGE. In the event that you are reading this
Agreement in a language other than the English language, you acknowledge and
agree that the English language version hereof shall prevail in case of
inconsistency or contradiction in interpretation or translation.
31. TLD’S. The following additional provisions apply to any domain
names that you register through Tucows with the various registries:
| (a) |
.com/net Domains: In the case of a
“.com” or “.net” registration, the following terms and conditions will
apply: |
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| (i) |
Submission to UDRP. Registrant agrees to submit to
proceedings under ICANN's Uniform Domain Dispute Policy (“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry; these
policies are subject to modification; |
| (ii) |
For the adjudication of disputes concerning or
arising from use of the domain name, the Registrant shall submit,
without prejudice to other potentially applicable jurisdictions, to
the jurisdiction of the courts (1) of the Registrant’s domicile, and
(2) where Tucows is located, presently Toronto, Ontario. |
|
| (b) |
.org Domains: In the case of a
“.org” registration, the following terms and conditions will apply: |
| |
| (i) |
Submission to UDRP. Registrant agrees to submit to
proceedings under ICANN's Uniform Dom ain Dispute Policy (“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry. These
policies are subject to modification; |
| (ii) |
For the adjudication of disputes concerning or
arising from use of the domain name, the Registrant shall submit,
without prejudice to other potentially applicable jurisdictions, to
the jurisdiction of the courts (1) of the Registrant’s domicile, and
(2) where Tucows is located, presently Toronto, Ontario. |
|
| (c) |
.info Domains: In the case of a
“.info” registration, the following terms and conditions will apply: |
| |
| (i) |
Registrant’s Personal Data. You consent to the use,
copying, distribution, publication, modification, and other
processing of Registrant’s personal data by Afilias, the .INFO
registry, and its designees and agents, in a manner consistent with
the purposes specified pursuant to its contract; |
| (ii) |
Submission to UDRP. Registrant agrees to submit to
proceedings under ICANN's Uniform Domain Dispute Policy (“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm)
and comply with the requirements set forth by the Registry. These
policies are subject to modification; |
| (iii) |
For the adjudication of disputes concerning or
arising from use of the domain name, the Registrant shall submit,
without prejudice to other potentially applicable jurisdictions, to
the jurisdiction of the courts (1) of the Registrant’s domicile, and
(2) where Tucows is located, presently Toronto, Ontario; |
| (iv) |
Reservation of Rights. Tucows and Afilias expressly
reserve the right to deny, cancel, transfer, or modify any
registration that either registrar or Afilias deems necessary, at
its discretion, to protect the integrity and stability of the
registry, to comply with any applicable law, any government rule or
requirement, any request of law enforcement, any dispute resolution
process, or to avoid any liability, civil or criminal, on the part
of the registrar and/or Afilias, as well as their affiliates,
subsidiaries, executives, directors, officers, managers, employees,
consultants, and agents. The registrar and Afilias also reserve the
right to suspend a domain name or its registration data during
resolution of a dispute. |
|
| (d) |
.biz Domains. In the case of a
“.biz” registration, the following terms and conditions will apply: |
| |
| (i) |
.biz Restrictions. Registrations in the .biz
top-level domain must be used or intended to be used primarily for
bona fide business or commercial purposes. For the purposes of the .biz
registration restrictions, “bona fide business or commercial use”
shall mean the bona fide use or bona fide intent to use the domain
name or any content, software, materials, graphics or other
information thereon, to permit Internet users to access one or more
host computers through the DNS: |
| |
| (A) |
to exchange goods, services, or property of any
kind; |
| (B) |
in the ordinary course of business; or |
| (C) |
to facilitate (i) the exchange of goods,
services, information or property of any kind; or (ii) the
ordinary course of trade or business. |
|
| |
For more information on the .biz restrictions, which
are incorporated herein by reference, please see:
http://www.icann.org/tlds/agreements/biz/registry-agmt-appl-18apr01.htm. |
| (ii) |
Selection of a Domain Name. You represent that: |
| |
| (A) |
the data provided in the domain name
registration application is true, correct, up to date and
complete, and that you will continue to keep all of the
information provided correct, up-to-date and complete; |
| (B) |
to the best of the your knowledge and belief,
neither this registration of a domain name nor the manner in
which it is directly or indirectly to be used infringes upon the
legal rights of a third party; |
| (C) |
that the domain name is not being registered for
nor shall it at any time whatsoever be used for any unlawful
purpose whatsoever; |
| (D) |
the registered domain name will be used
primarily for bona fide business or commercial purposes and not
(a) exclusively for personal use, or (b) solely for the purposes
of (1) selling, trading or leasing the domain name for
compensation, or (2) the unsolicited offering to sell, trade or
lease the domain name for compensation; |
| (E) |
you have the authority to enter into this
Registration Agreement; and |
| (F) |
the registered domain name is reasonably related
to your business or intended commercial purpose at the time of
registration. |
|
| (iii) |
Provision of Registration Data. As part of the
registration process, you are required to provide us with certain
information and to keep the information true, current, complete, and
accurate at all times. The information includes the following: |
| |
| (A) |
your full name; |
| (B) |
your postal address; |
| (C) |
your e-mail address; |
| (D) |
your voice telephone number; |
| (E) |
your fax number (if applicable); |
| (F) |
the name of an authorized person for contact
purposes in the case of a registrant that is an organization,
association, or corporation; |
| (G) |
the IP addresses of the primary nameserver and
any secondary nameserver for the domain name; |
| (H) |
the corresponding names of the primary and
secondary nameservers; |
| (I) |
the full name, postal address, e-mail address,
voice telephone number, and, when available, fax number of the
administrative, technical, and billing contacts, and the name
holder for the domain name; and |
| (J) |
any remark concerning the domain name that
should appear in the Whois directory. |
| (K) |
You agree and understand that the foregoing
registration data will be publicly available and accessible on
the Whois directory as required by ICANN and/or registry
policies, and may be sold in bulk in accordance with the ICANN
agreement. |
|
| (iv) |
Domain Name Disputes. You acknowledge having read
and understood and agree to be bound by the terms and conditions of
the following documents, as they may be amended from time to time,
which are hereby incorporated and made an integral part of this
Agreement: |
| |
|
| |
(collectively, the “Dispute Policies”). |
| (v) |
The Dispute Policy sets forth the terms and
conditions in connection with a dispute between a Registrant and any
party other than the Registry or Registrar over the registration and
use of an Internet domain name registered by Registrant. |
| (vi) |
The RDRP sets forth the terms under which any
allegation that a domain name is not used primarily for business or
commercial purposes shall be endorsed on a case-by-case, fact
specific basis by an independent ICANN-accredited dispute provider. |
| (vii) |
For the adjudication of disputes concerning or
arising from use of the domain name, the Registrant shall submit,
without prejudice to other potentially applicable jurisdictions, to
the jurisdiction of the courts (1) of the Registrant’s domicile, and
(2) where Tucows is located, presently Toronto, Ontario. |
|
| (e) |
.name Domains. In the case of a
“.name” registration, the following terms and conditions will apply: |
| |
| (i) |
.name Restrictions. Registrations in the .name
top-level domain must constitute an individual’s “Personal Name”.
For purposes of the .name restrictions (the “Restrictions”), a
“Personal Name” is a person’s legal name, or a name by which the
person is commonly known. A “name by which a person is commonly
known” includes, without limitation, a pseudonym used by an author
or painter, or a stage name used by a singer or actor. |
| (ii) |
.name Representations. As a .name domain name
registrant, you hereby represent that: |
| |
| (A) |
the registered domain name or second level
domain (“SLD”) e-mail address is your Personal Name. |
| (B) |
the data provided in the domain name
registration application is true, correct, up to date and
complete and that you will continue to keep all of the
information provided correct, current and complete, |
| (C) |
to the best of the your knowledge and belief,
neither this registration of a domain name nor the manner in
which it is directly or indirectly to be used infringes upon the
legal rights of a third party; |
| (D) |
that the domain name is not being registered for
nor shall it at any time whatsoever be used for any unlawful
purpose whatsoever; |
| (E) |
the registration satisfies the Eligibility
Requirements found at:
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm;
and |
| (F) |
you have the authority to enter into this
Registration Agreement. |
|
| (iii) |
E-mail Forwarding Services. The Services for
which you have registered may, at your option, include e-mail
forwarding. To the extent you opt to use e-mail forwarding, you are
obliged to do so in accordance with all applicable legislation and
are responsible for all use of e-mail forwarding, including the
content of messages sent through e-mail forwarding.
You undertake to familiarize yourself with the content of and to
comply with the generally accepted rules for Internet and e-mail
usage. This includes, but is not limited to the Acceptable Use
Policy, available at
http://www.nic.name/downloads/aup.pdf as well as the following
restrictions. Without prejudice to the foregoing, you undertake not
to use e-mail forwarding: |
| |
| (A) |
to encourage, allow or participate in any form
of illegal or unsuitable activity, including but not restricted
to the exchange of threatening, obscene or offensive messages,
spreading computer viruses, breach of copyright and/or
proprietary rights or publishing defamatory material; |
| (B) |
to gain illegal access to systems or networks by
unauthorized access to or use of the data in systems or
networks, including all attempts at guessing passwords, checking
or testing the vulnerability of a system or network or breaching
the security or access control without the sufficient approval
of the owner of the system or network; |
| (C) |
to interrupt data traffic to other users,
servers or networks, including, but not restricted to, mail
bombing, flooding, Denial of Service (DoS) attacks, wilful
attempts to overload another system or other forms of harassment;
or |
| (D) |
for spamming, which includes, but is not
restricted to, the mass mailing of unsolicited e-mail, junk
mail, the use of distribution lists (mailing lists) which
include persons who have not specifically given their consent to
be placed on such distribution list. Users are not permitted to
provide false names or in any other way to pose as somebody else
when using e-mail forwarding. |
|
| (iv) |
Registry reserves the right to implement additional
anti-spam measures, to block spam or mail from systems with a
history of abuse from entering Registry’s e-mail forwarding. However,
due to the nature of such systems, which actively block messages,
Registry shall make public any decision to implement such systems a
reasonable time in advance, so as to allow you or us to give
feedback on the decision. |
| (v) |
You understand and agree that Registry may delete
material that does not conform to clause (c) above or that in some
other way constitutes a misuse of e-mail forwarding. You further
understand and agree that Registry is at liberty to block your
access to e-mail forwarding if you use e-mail forwarding in a way
that contravenes this Agreement. You will be given prior warning of
discontinuation of the e-mail forwarding unless it would damage the
reputation of Registry or jeopardize the security of Registry or
others to do so. Registry reserves the right to immediately
discontinue e-mail forwarding without notice if the technical
stability of e-mail forwarding is threatened in any way, or if you
are in breach of this Agreement. On discontinuing e-mail forwarding,
Registry is not obliged to store any contents or to forward unsent
e-mail to you or a third party. |
| (vi) |
You understand and agree that to the extent either
we and/or Registry is required by law to disclose certain
information or material in connection with your e-mail forwarding,
either we and/or Registry will do so in accordance with such
requirement and without notice to you. |
| (vii) |
Domain Name Dispute Policy. If you reserved or
registered a domain name through us, or transferred a domain name to
us from another registrar, you agree to be bound by the dispute
policy that is incorporated herein and made a part of this Agreement
by reference. You hereby acknowledge that you have read and
understood and agree to be bound by the terms and conditions of the
following documents, as they may be amended from time to time, which
are hereby incorporated and made an integral part of this Agreement. |
| |
|
| (viii) |
The Eligibility Requirements dictate that Personal
Name domain names and Personal Name SLD e-mail addresses will be
granted on a first-come, first-served basis. The following
categories of Personal Name Registrations may be registered: (i) the
Personal Name of an individual; (ii) the Personal Name of a
fictional character, if you have trademark or service make rights in
that character’s Personal Name; (iii) in addition to a Personal Name
registration, you may add numeric characters to the beginning or the
end of the Personal Name so as to differentiate it from other
Personal Names. |
| (ix) |
The ERDRP applies to challenges to (i) registered
domain names and SLD e-mail address registrations within .name on
the grounds that a Registrant does not meet the Eligibility
Requirements, and (ii) to Defensive Registrations (as defined by the
Registry) within .name. |
| (x) |
The UDRP sets forth the terms and conditions in
connection with a dispute between a Registrant and party other than
the Registry or Tucows over the registration and use of an Internet
domain name registered by a Registrant. |
| (xi) |
For the adjudication of disputes concerning or
arising from use of the domain name, the Registrant shall submit,
without prejudice to other potentially applicable jurisdictions, to
the jurisdiction of the courts (1) of the Registrant’s domicile, and
(2) where Tucows is located, presently Toronto, Ontario. |
|
32. ccTLD’S
| (a) |
.at Domains. In the case of a
“.at” registration, the following terms and conditions will apply: |
| |
| (i) |
Registry Policy. You acknowledge and understand that
by accepting the terms and conditions of this agreement you shall be
bound by Registry policies and any pertinent rules or policies that
exist now or in the future and which are posted on the Registry
website at
http://www.nic.at/en/service/legal_information/terms_conditions/.
You are responsible for monitoring the Registry’s site on a regular
basis. In the event that you do not wish to be bound by a revision
or modification to any Registry policy, your sole remedy is to
cancel your domain name registration by following the appropriate
Registry policy regarding such cancellation. |
|
| (b) |
.be Domains. In the case of a
“.be” registration, the following terms and conditions will apply: |
| |
| (i) |
Registry Policy. You acknowledge and understand that
by accepting the terms and conditions of this agreement you shall be
bound by Registry policies and any pertinent rules or policies that
exist now or in the future and which are posted on the Registry
website at
http://www.dns.be/en/home.php?n=51. You are responsible for
monitoring the Registry’s site on a regular basis. In the event that
you do not wish to be bound by a revision or modification to any
Registry policy, your sole remedy is to cancel your domain name
registration by following the appropriate Registry policy regarding
such cancellation. |
| (ii) |
Domain Name Dispute Policy. If you reserved or
registered a domain name through us, or transferred a domain name to
us from another registrar, you agree to be bound by the .be Dispute
Policy that is incorporated herein and made a part of this Agreement
by reference. The current version of the Dispute Policy may be found
at
http://www.dns.be/en/home.php?n=53. |
|
| (c) |
.ca Domains. In the case of a
“.ca” registration, the following terms and conditions will apply: |
| |
| (i) |
Domain Name Dispute Policy. If you reserved or
registered a domain name through us, or transferred a domain name to
us from another registrar, you agree to be bound by the Dispute
Policy, which is incorporated herein and made a part of this
Agreement by reference. The current version of the Dispute Policy
may be found at
http://www.cira.ca/en/cat_Dpr.html. Please take the time to
familiarize yourself with this policy. |
| (ii) |
Registry Policy. You agree that your registration of
the domain name shall be subject to suspension, cancellation, or
transfer pursuant to any Registry-adopted policy, or pursuant to any
registrar or registry procedure not inconsistent with a Registry
adopted policy, (1) to correct mistakes by Tucows or the Registry in
registering the name or (2) for the resolution of disputes
concerning the domain name. |
| (iii) |
Transfer of Ownership. Any transfer of ownership in
and to a domain name registration shall be affected in accordance
with registry policies and procedures. |
| (iv) |
Registry Agreement and Policy. You acknowledge and
understand that by accepting the terms and conditions of this
agreement you shall be bound by the Registry’s Registrant Agreement,
the Registry’s policies and any pertinent rules or policies that
exist now or in the future and which are posted on the Registry
website at
http://www.cira.ca/en/doc_Registrar.html. You are responsible
for monitoring the Registry’s site on a regular basis. In the event
that you do not wish to be bound by a revision or modification to
any Registry agreement or policy, your sole remedy is to cancel your
domain name registration by following the appropriate Registry
policy regarding such cancellation. |
| (v) |
You acknowledge and agree that the Registry shall
not be liable to you for any loss, damage, or expense arising out of
the Registry’s failure or refusal to register a domain name, it’s
failure or refusal to renew a domain name registration, it’s
registration of a domain name, it’s failure or refusal to renew a
domain name registration, it’s renewal of a domain name
registration, it’s failure or refusal to transfer a domain name
registration, it’s transfer of a domain name registration, it’s
failure or refusal to maintain or modify a domain name registration,
it’s maintenance of a domain name registration, it’s modification of
a domain name registration, it’s failure to cancel a domain name
registration or it’s cancellation of a domain name registration from
the Registry; |
|
| (d) |
.cc Domains. In the case of a
“.cc” registration, the following terms and conditions will apply: |
| |
| (i) |
Domain Name Dispute Policy. If you reserved or
registered a domain name through us, or transferred a domain name to
us from another registrar, you agree to be bound by the Dispute
Policy that is incorporated herein and made a part of this Agreement
by reference. The current version of the Dispute Policy may be found
at
http://www.nic.cc/policies/dispute.html. Please take the time to
familiarize yourself with this policy. |
| (ii) |
Registry Policy. You acknowledge and understand that
by accepting the terms and conditions of this agreement you shall be
bound by Registry policies and any pertinent rules or policies that
exist now or in the future and which are posted on the Registry
website at:
http://www.enic.cc/en-def-c2689f094aa0/en/policies/policies.shtml.
You are responsible for monitoring the Registry’s site on a regular
basis. In the event that you do not wish to be bound by a revision
or modification to any Registry policy, your sole remedy is to
cancel your domain name registration by following the appropriate
Registry policy regarding such cancellation. |
|
| (e) |
.ch Domains. In the case of a
“.ch” registration, the following terms and conditions shall apply: |
| |
| (i) |
Registry Policy. You acknowledge and understand that
by accepting the terms and conditions of this agreement you shall be
bound by Registry policies and any pertinent rules or policies that
exist now or in the future and which are posted on the Registry
website at
http://www.switch.ch/id/terms. You are responsible for
monitoring the Registry’s site on a regular basis. In the event that
you do not wish to be bound by a revision or modification to any
Registry policy, your sole remedy is to cancel your domain name
registration by following the appropriate Registry policy regarding
such cancellation. |
| (ii) |
Domain Name Dispute Policy. If you reserved or
registered a domain name through us, or transferred a domain name to
us from another registrar, you agree to be bound by the .ch Dispute
Policy that is incorporated herein and made a part of this Agreement
by reference. The current version of the Dispute Policy may be found
at
http://www.switch.ch/id/disputes/rules. Please take the time to
familiarize yourself with this policy. |
|
| (f) |
.cn Domains. In the case of a
“.cn” registration, the following terms and conditions shall apply: |
| |
| (i) |
“Registry” means the China Internet Network
Information Center, which is the authority responsible for the
administration of the national top-level domain of the People’s
Republic of China and the Chinese domain name system; |
| (ii) |
“Registry Gateway” means the service provided by the
Registry Operator that facilitates the registration of .cn domain
names by registrars operating outside of the People’s Republic of
China; |
| (iii) |
“Registry Operator“ means Neustar, Inc., the company
authorized to facilitate the registration of .cn domain names by
registrars operating outside of the People’s Republic of China. |
| (iv) |
Restrictions. You agree that you shall not register
or use a domain name that is deemed by CNNIC to: |
| |
| (A) |
be against the basic principles prescribed in
the Constitution of the Peoples Republic of China (“PRC”); |
| (B) |
jeopardize national security, leak state
secrets, intend to overturn the government or disrupt the
integrity of the PRC; |
| (C) |
harm national honour and national interests of
the PRC; |
| (D) |
instigate hostility or discrimination between
different nationalities or disrupt the national solidarity of
the PRC; |
| (E) |
spread rumours, disturb public order or disrupt
social stability of the PRC; |
| (F) |
spread pornography, obscenity, gambling,
violence, homicide, terror or instigate crimes in the PRC; |
| (G) |
insult, libel against others and infringe other
people’s legal rights and interests in the PRC; or |
| (H) |
take any other action prohibited in laws, rules
and administrative regulations of the PRC. |
|
| (v) |
Business or Organization Representation. .cn domain
name registrations are intended for businesses and organizations and
not for individual use. By registering a .cn name, you accordingly
represent that you have registered the domain name on behalf or a
business or organization. It should be noted that, although .cn
policy is permissive in terms of registration, and enforcement is
generally in reaction to a complaint (as opposed to proactive review),
registrations that are not associated with an organization or
business may be subject to deletion. The foregoing prevents an
individual from registering a .cn domain name for a business
operating as a sole proprietorship. |
| (vi) |
Domain Name Disputes. You acknowledge having read
and understood and agree to be bound by the terms and conditions of
the CNNIC Domain Name Dispute Policy & Rules for CNNIC Dispute
Resolution Policy (“Dispute Policy”), as they may be amended from
time to time, which are hereby incorporated and made an integral
part of this Agreement. The Dispute Policy is currently found at:
http://www.cnnic.net.cn/html/Dir/2003/11/27/1526.htm. |
| (vii) |
You acknowledge that, pursuant to the Dispute Policy,
Registrars must comply with all reasonable requests from the
applicable domain name dispute resolution institutions including the
provision of all relevant evidence in any domain name disputes in
the specified time frames. |
| (viii) |
If we are notified that a complaint has been filed
with a judicial or administrative body regarding your use of our
domain name registration services, you agree not to make any changes
to your domain name record without our prior approval. We may not
allow you to make changes to such domain name record until (i) we
are directed to do so by the judicial or administrative body, or (ii)
we receive notification by you and the other party contesting your
registration and use of our domain name registration services that
the dispute has been settled. Furthermore, you agree that if you are
subject to litigation regarding your registration and use of our
domain name registration services, we may deposit control of your
domain name record into the registry of the judicial body by
supplying a party with a registrar certificate from us. |
| (ix) |
Adherence to Policies. You agree to comply with all
applicable laws, regulations and policies of the Peoples Republic of
China’s governmental agencies and the China Internet Network
Information Centre (“CNNIC”), including but not limited to the
following rules and regulations: |
| |
|
| |
You acknowledge that you have read and understood
and agree to be bound by the terms and conditions of the policies of
the CNNIC, as they may be amended from time to time. |
| (x) |
Suspension and Cancellation. You agree that your
registration of the domain name shall be subject to suspension,
cancellation, or transfer pursuant to any Tucows, Registry Operator,
CNNIC or government-adopted policy, or pursuant to any registrar or
registry procedure not inconsistent with a CNNIC or
government-adopted policy, (1) to correct mistakes by a party in
registering the name, (2) for the resolution of disputes concerning
the domain name, (3) to protect the integrity and stability of the
registry, (4) to comply with any applicable laws, government rules
or requirements, requests of aw enforcement, (5) to avoid any
liability, civil or criminal, on the part of Tucows, Registry
Operator or CNNIC, as well as their affiliates, subsidiaries,
directors, representatives, employees and stockholders or (6) for
violations of this Agreement. Tucows, Registry Operator and CNNIC
also reserve the right to “freeze” a domain name during the
resolution of a dispute. |
| (xi) |
Jurisdiction. For the adjudication of disputes
concerning or arising from use of the domain name, the Registrant
shall submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of the
Registrant’s domicile, (2) where Tucows is located, and (3) the
People’s Republic of China. |
| (xii) |
Governing Law. For the adjudication of a dispute
concerning or arising from use of a .cn domain, such dispute will be
governed under the Laws of the Peoples Republic of China. |
|
| (g) |
.de Domains. In the case of a
“.de” registration, the following terms and conditions will apply: |
| |
| (i) |
Selection of a Domain Name. You represent that: |
| |
| (A) |
you have reviewed and have accepted the
Registry’s Terms and Conditions and the Registry’s Guidelines
and have provided your Reseller with written confirmation of
same;you have reviewed and have accepted the Registry’s Terms
and Conditions and the Registry’s Guidelines and have provided
your Reseller with written confirmation of same; |
| (B) |
either you, or the person designated as the
administrative contact for the domain name, shall be resident or
shall have a branch in Germany; |
| (C) |
to the best of the your knowledge and belief,
neither this registration of a domain name nor the manner in
which it is directly or indirectly to be used infringes upon the
legal rights of a third party and, further, that the domain name
is not being registered for nor shall it at any time whatsoever
be used for any unlawful purpose whatsoever. |
|
| (ii) |
Domain Name Disputes. You agree that, if the
registration or reservation of your domain name is challenged by a
third party, you will be subject to the provisions specified by the
Registry or any court of law. You agree that in the event a domain
name dispute arises with any third party, you will indemnify and
hold us harmless pursuant to the terms and conditions specified by
the Registry or any court of law. |
| (iii) |
Registry Policies. You agree to be bound by the
Registry’s Registration Terms and Conditions and the Registration
Guidelines. English language translations of the Registry’s
documents are provided for convenience; in the event of a
discrepancy between the English and the German language agreements,
the terms of the German agreement will prevail. The Registry
documents may be found at: |
| |
|
|
| (h) |
.eu domains. In the case of a
“.eu” registration, the following terms and conditions will apply: |
| |
| (i) |
Eligibility Criteria. .eu domain names are available
for registration to companies and persons who fulfill the following
criteria. As a condition of registration, you accordingly represent
that you are: |
| |
| (A) |
an undertaking having its registered office,
central administration or principal place of business within the
European Community; |
| (B) |
an organization established within the European
Community without prejudice to the application of national law,
or |
| (C) |
a natural person resident within the European
Community. |
|
| (ii) |
Registry Policy. You acknowledge and understand that
by accepting the terms and conditions of this agreement you shall be
bound by Registry policies and any pertinent rules or policies that
exist now or in the future and which are posted on the Registry
website. Registration policies of the Registry and the terms and
conditions applicable to your .eu registration may be found at:
http://www.eurid.eu/en/general/launch. You are responsible for
monitoring the Registry’s site on a regular basis. In the event that
you do not wish to be bound by a revision or modification to any
Registry policy, your sole remedy is to cancel your domain name
registration by following the appropriate Registry policy regarding
such cancellation. |
| (iii) |
Domain Name Disputes. You agree that, if the
registration or reservation of your domain name is challenged by a
third party, you will be subject to the provisions specified by the
Registry or any court of law. |
|
| (i) |
.fr Domains. In the case of a
“.fr” registration, the following terms and conditions will apply: |
| |
| (i) |
Representation of Registrant. .fr domain names are
available for registration to companies and persons who fulfill the
following criteria. As a condition of registration, you accordingly
represent that you are: |
| |
| (A) |
A legal entity: |
| |
| (I) |
whose head office is in France; (or), |
| (II) |
which possess an address in France which is
expressly listed in the public electronic databases of the
registrars of the commercial courts or the National
Statistical and Economic Studies Institute (INSEE), (or),
|
| (III) |
State institutions or departments, local
authorities or associated establishments, (or), |
| (IV) |
which own a trademark registered with the
National Intellectual Property Institute or own a registered
EU or international trademark which expressly includes
French territory. |
|
| (ii) |
Administrative Contact. Each registrant must
designate an administrative contact to act as a coordinator
between the registrant and the Registry. In the case of .fr
registrations, the administrative contact must be based in
France where it can receive legal and other documents. |
| (iii) |
Registry Policies. You agree to be bound by the
Registry’s Naming Charter, its registration rules for .fr.
English language translations of the Registry’s documents are
provided for convenience. The Registry documents may be found at:
www.afnic.fr/obtenir/chartes/nommage-fr. |
| (iv) |
Domain Name Disputes. You agree that, if the
registration or reservation of your domain name is challenged by
a third party, you will be subject to the provisions specified
by the Registry or any court of law. The current .fr dispute
resolution policy and procedures can be found at
http://www.afnic.fr/doc/ref/juridique/parl. You agree that
in the event a domain name dispute arises with any third party,
you will indemnify and hold us harmless pursuant to the terms
and conditions specified by the Registry or any court of law. |
|
| (j) |
.it Domains. In the case of a “it”
registration, the following terms and conditions shall apply: |
| |
| (i) |
Registration Criteria. Registration of an .it
name is restricted to subjects belonging to a member state of
the European Union. Individuals and associations operating
without a VAT number or a fiscal code are limited to a single
domain name registration. |
| (ii) |
Registry Policy. You acknowledge and understand
that by accepting the terms and conditions of this agreement you
shall be bound by Registry policies and any pertinent rules or
policies that exist now or in the future and which are posted on
the Registry website at
http://www.nic.it/NA/regole-naming-curr-engl.txt. You are
responsible for monitoring the Registry’s site on a regular
basis. In the event that you do not wish to be bound by a
revision or modification to any Registry policy, your sole
remedy is to cancel your domain name registration by following
the appropriate Registry policy regarding such cancellation.
Additional policies, including transfer procedures and
“netiquette” rules may be found at
http://www.nic.it/NA/index-engl.html. |
|
| (k) |
.nl Domains. In the case of a “.nl”
registration, the following terms and conditions shall apply: |
| |
| | | |
